This article evaluates demands for privatized diversity that destabilize traditional notions of separation of state and religion, by asking secular authorities to adopt a hands-off, non-interventionist approach, placing civil and family disputes with a religious or cultural aspect beyond the official realm of equal citizenship. This potential storm to come must be addressed head on because it mixes three inflammatory components in today’s political environment: religion; gender; and the rise of a neo-liberal state. The volatility of these issues is undisputed; (...) they require a mere spark to ignite. The standard legal response to this challenge is to seek shelter behind a formidable ‘wall of separation’ between state and religion, even if this implies turning a blind eye to the concerns of religious women — especially those caught in the uncoordinated web of secular and religious marriage bonds. I will advance a different approach. By placing these once-ignored agents at the centre of analysis, this article explores the idea of permitting a degree of regulated interaction between religious and secular sources of identity and obligation, so long as the baseline of citizenship-guaranteed rights remains firmly in place. (shrink)

This collection of essays explore the long-standing,intricate relationship between law and faith. Faith in this context is to be read in the broadest sense, as extending beyond religion to embrace the knowledge, beliefs, understandings and practices which are at work alongside the familiar and seemingly more reliable, trusted and relatively certain content and conventionally accepted methods of law and legal reasoning. The essays deal with three broad themes. The first concerns the extent to which faith should be (...) involved in legal decision making. Ought decisions to aspire simply to right reason or ought faith-based models of decision-making to be incorporated into the legal system? If the latter, how is this best done? Ought faith to operate simply as a reason itself or ought it to help to structure the method by which legal decisions are reached? The second, and perhaps most familiar theme, stemming in part from rights discourse, is the extent to which law does, and ought to, respect the rights of those whose religious beliefs conflict with the dominant social norms and practices. Liberal democratic constitutions typically provide protection for religion and religious beliefs. Are these justified, and if so how? Can such protection as exists suffice from the perspective of the faithful, or does law's otherwise pervasive agnosticism make this impossible or illusory? Thirdly, questions of identity and difference arise. Assuming that most societies remain a mix of many faiths (religious and secular) and no faith, how should law and legal theory understand the varying and, it must be said, conflicting claims for recognition. Should we encourage conformity in the hope of reducing friction, or should we preserve and promote difference, seeking to understand others, whether groups or individuals, without removing that which makes them distinct? More radically and controversially, should we be more sceptical of individual and group claims to authenticity and see them rather as strategies in an ongoing power game? Faith after all, like reason and law, has never been far from politics and intrigue, especially in its institutional representation. Contributors: Zenon Bankowski, Anthony Bradney, Claire Davis, John Gardner, Adam Gearey, Tim Macklem, Maleiha Malik, Victor Tadros. (shrink)

The conflict between pregnant women freely using cocaine and the well-being of fetuses presents a difficult social problem. Since 1985, at least 200 women, in thirty states, have been criminally prosecuted for using illicit drugs or alcohol during pregnancy. Such policies enjoy considerable public and political support. Nonetheless, treatment programs that include referral to law enforcement officials raise serious ethical and legal issues for hospitals and health care providers. In this paper, we assess the development of one medical university's controversial (...) treatment program for pregnant women addicted to cocaine.In October 1989, the Medical University of South Carolina instituted a new program, called the Interagency Policy on Management of Substance Abuse During Pregnancy, designed “to ensure appropriate management of patients abusing illegal drugs during pregnancy.” This program required some pregnant women to seek drug counseling and prenatal care under the threat of criminal sanctions. (shrink)

The recent Minnesota case of In re Emergency Guardianship of Albert Barnes illustrates an emerging class of cases where a dispute between a family proxy and a hospital over “medical futility” requires legal resolution. The case was further complicated by the patient’s spouse who fraudulently claimed to be the patient’s designated health care proxy and who misrepresented the patient’s previously expressed treatment preferences. Barnes demonstrates the degree of significant administrative and institutional support to the health care team, ethics consultants, and (...) futility committees that is required when a futility dispute escalates to the need for judicial resolution. An institutional futility policy, especially one that is endorsed by other regional medical centers and organizations, is an important foundation for a hospital that seeks judicial support in a dispute over medical futility in end of life care. (shrink)

A recent legal case involving an ambiguous diagnosis in a woman with a severe disorder of consciousness raises pressing questions about treatment withdrawal in a time when much of what experts know about disorders of consciousness is undergoing revision and refinement. How much should diagnostic certainty about consciousness matter? For the judge who refused to allow withdrawal of artificial nutrition and hydration, it was dispositive. Rather than relying on substituted judgment or best interests to determine treatment decisions, he ruled that (...) withdrawal was categorically prohibited, even as he concluded that Hannah Capes was more likely than not in a permanent vegetative state. In many jurisdictions, his decision would likely be consistent with existing law. Evolving technological advances have demonstrated that biologically distinct diagnoses incorporated into state laws may be difficult to establish even under ideal conditions. We offer the Capes case for purposes of examining the consequences of enshrined legal distinctions between permanent vegetative state and other severe disorders of consciousness. Insistence on proof of the permanent absence of consciousness before treatment withdrawal is allowed fails to respect the rights of persons with disorders of consciousness. Even the well-established rights to treatment withdrawal for those in a permanent vegetative state may be in jeopardy if reform is not undertaken. (shrink)

Law as a leap of faith -- Legal positivism : 5 1/2 myths -- Some types of law -- Can there be a written constitution? -- How law claims, what law claims -- Nearly natural law -- The legality of law -- The supposed formality of the rule of law -- Hart on legality, justice, and morality -- The virtue of justice and the character of law -- Law in general.

This is my reply to five extended critical assessments of my book Law as a Leap of Faith, appearing together in a symposium issue of Law and Philosophy. The critics are Kevin Toh, Luís Duarte d’Almeida and James Edwards, Fábio Perin Shecaira, Cristina Redondo, and Matthew Smith. The topics include H.L.A. Hart’s philosophical legacy, the moral claims of law, the nature of legal reasoning, the doctrine of legal positivism, and the possibility of alienation from law.

Language & Logic -- Glossary -- Aristotle's syllogisms -- Russell's paradox & Frege's logicism -- profile: Aristotle -- Russell's theory of description -- Frege's puzzle -- Gödel's theorem -- Epimenides' liar paradox -- Eubulides' heap -- Science & Epistemology -- Glossary -- I think therefore I am -- Gettier's counter example -- profile: Karl Popper -- The brain in a vat -- Hume's problem of induction -- Goodman's gruesome riddle -- Popper's conjectures & refutations -- Kuhn's scientific revolutions -- Mind (...) & Metaphysics -- Glossary -- Descartes mind-body problem -- Brentano's intentionality -- Fodor's language of thought -- Parfit's persons -- profile: René Descartes -- Chalmer's zombies -- Zeno's paradoxes -- Kant's left hand -- Theseus' ship -- Laplace's demon, determinism, & free will -- Ryle's ghost in the machine -- Ethics & Political Philosophy -- Glossary -- Aristotle's ethics -- States of nature and the social contract -- Kant's categorical imperative -- profile: Immanuel Kant -- Mill's utilitarianism -- Marx's historical materialism -- The trolley problem -- Religion -- Glossary -- Aquinas' five ways -- Anselm's ontological argument -- profile: Thomas Aquinas -- Epicurus' riddle -- Paley's watchmaker -- Pascal's wager -- Hume against miracles -- Grand Moments -- Glossary -- Socrates' method -- Plato's cave -- Aristotle's four causes -- Lucretius' atomism -- profile: Ludwig Wittgenstein -- Berkeley's idealism -- Kant's synthetic a priori -- Hegel's dialectic -- James' pragmatism -- Moore's common sense -- Wittgenstein's picture theory of language -- Continental Philosophy -- Glossary -- Nietzsche's Superman -- profile: Friedrich Nietzsche -- Derrida's deconstruction -- Heidegger's nothing -- Sartre's bad faith. (shrink)

This article contains the author's responses to five critics of his book Law as a Leap of Faith whose criticisms appear in this journal. The critics are Kimberley Brownlee, Antony Hatzistavrou, Kristen Rundle, Sari Kisilevsky and Nicola Lacey. The criticisms and responses pick up the following fifteen themes from the book: law, morality, society, explanation, continuity, rationality, ends, instruments, values, justice, allocation, games, modalities, generalities, jurisprudence.

This chapter provides a survey of Kierkegaard's views of systematic theology, doctrine, and dogmatics. It demonstrates that while Kierkegaard's view of theology is generally negative, for he regards it as a human enterprise created in order to avoid doing God's Word, his attitude to doctrine and dogmatics is nuanced and complex. Kierkegaard rejects doctrine insofar as it objectifies Christianity, but nevertheless generally accepts the classic doctrines of the Christian faith and sees no reason to reform them. This ambivalence toward (...) doctrine stems from his conviction that the task facing the believer is not to reflect on doctrine, but to appropriate and apply it existentially to his/her own individual existence. Similarly, although Kierkegaard rejects the efforts of contemporary dogmaticians, dogmatics itself is valid insofar as it reproduces the paradoxical character of Christianity and the decision between faith and offense with which Christian dogmas confront every human being. (shrink)

The use of deception and dishonesty is widely accepted as a fact of life in policing. This paper thus defends a counterintuitive claim: Good faith is a normative foundation for the police as a political institution. Good faith is a core value of contracts, and policing is contractual in nature both broadly (as a matter of social contract theory) and narrowly (in regard to concrete encounters between law enforcement officers and the public). Given the centrality of good (...) class='Hi'>faith to policing, dishonesty and deception on par with fraud are justified only as a narrowly circumscribed investigative tool that is constrained by institutional commitments to the fair distribution of security and the rule of law. The practical upshot is the preclusion of most dishonest and deceptive police tactics on par with fraud, leading to an institution that is less proactive and more reactive. (shrink)

This Article argues that the duty of good faith in contractual performance offers powerful but neglected resources to empower workers to pursue their legitimate interests and resist mistreatment by employers. The duty of good faith creates a joint authority structure within contractual relationships, vesting co-contractors with equal and joint authority over the meaning, purposes, and, hence, the requirements of their contract. Implementing such an authority structure requires ensuring that the parties to a contract have the communicative space and (...) epistemic resources they need to uncover and develop a common understanding of their contract. In the context of employment, such an authority structure would be transformative. It would require legal recognition of a variety of employee speech rights and protection from termination for reasonable and good faith refusals to perform work, and would offer a legal basis to challenge the scope and enforceability of at-will employment clauses. The duty of good faith could thus supply a common law foundation for rights and obligations commonly associated with labor law. (shrink)

The claim that faith is creative of its objects resides primarily in the conviction that the richness of the life of faith demands that it shall be subject only to its own laws. Its very diversity of expression is indication that it should not be fettered or confined by a restrictive model that outlaws the marvellously unexpected quality of its explorations. Yet that metaphor itself suggests caution; for exploration is necessarily of a territory that the explorer does not (...) bring into being by his voyage or journey. His travels have their own richness; thus Shackleton's famous boat journey has its place in the records of human endurance. But travel assumes a ground to be traversed, and the journey of Ernest Shackleton and the men who sailed with him was not conjured out of nothing, but an achievement made necessary as response to a situation that was itself in no sense of the explorer's contriving. Yet of course we are impatient with the suggestion that it was a mere, largely passive reaction to natural emergency, and only marginally regarded as humanly creative. (shrink)

Much of American environmentalism's passion and political power, as well as shortcomings and tactical failures, have their origin in the movement's demands for new attitudes toward nature as well as new laws and policies. A full understanding of environmentalism requires seeing it as a secular faith, movement concerned with ultimate questions of humans' place and purpose in the world. This perspective explains much about its development, its emphasis on individual action, the vehemence of its opposition, and its political failure (...) in the last generation. Comparisons with other national environmental movements, not considered here, constitute an important topic for further research. (shrink)

Although stakeholder theory is concerned with stakeholder engagement, substantive operational barometers of engagement are lacking in the literature. This theoretical paper attempts to strengthen the accountability aspect of normative stakeholder theory with a more robust notion of stakeholder engagement derived from the concept of good faith. Specifically, it draws from the labor relations field to argue that altered power dynamics are essential underpinnings of a viable stakeholder engagement mechanism. After describing the tenets of substantive engagement, the paper draws from (...) the labor relations and commercial law literatures to describe the characteristics of good faith as dialogue, negotiation, transparency, and totality of conduct; explains how they can be adapted and applied to the stakeholder context; and suggests the use of mediation and non-binding arbitration. The paper concludes by addressing anticipated objections and shortcomings and discussing implications for theory and research. (shrink)

Faith Physics maintains a sublime timeless 'Supreme Consciousness' is the catalyst of all material creation as a 'great thought' via pure white 'light' in zero-point quantum fields. In the quantum wave/particle mass duality paradigm, energy itself traveling below the speed of light becomes particulate physical matter in accord with Einstein's famous equation of E=mc2. Using the natural laws of classical physics, quantum mechanics, and the dark matter/energy that composes 95% of our known universe, a Supreme Consciousness or Godhead manifests (...) physical creation from eternal quantum fields in a remarkable myriad of forms. This is an intellectually sound and spiritually satisfying ToE. (shrink)

You have invited me to speak about Morals without Faith . Briefly, I take it, this question means: is there any moral law for agnostics? But it might be more interesting to put it rather differently: to ask, not simply whether there is a moral law for those who do not believe in God, but whether there is any such law even for those who do independent of their belief? We are then asking: Does being under a moral law (...) mean nothing more than being commanded by God? Is the only incentive for obeying it in our love or fear of Him, the only criterion by which to judge the morality of actions in their conformity to a revealed standard? Or would it be more true to say that the law which God wishes us to obey is that law to which we ought to conform because it corresponds to our nature and conditions in this world, a law which, apart from being God's will, we can understand as being indispensable to the kind of beings we are? (shrink)

Sam Lebens’ The Principles of Judaism is an extraordinary book in its rigor and richness. It is a sophisticated examination of three central propositions, which Lebens maintains, are the fundamental doctrines that “can make sense of continued commitment to an Orthodox Jewish lifestyle.” (Lebens, 273). He presents and discusses the following three propositions: 1) The universe is the creation of one God; 2) The Torah is a divine system of laws and wisdom, revealed by the creator of the universe; and, (...) 3) The creator exercises provi-dential care over his creation, manifest in the creator’s continued sustenance of the world, reward and punishment for human action, and in the promise of ultimate salvation. (Lebens, 3).Lebens presents the principles as they were variously explicated and de-fended in key Jewish texts written by the most influential Jewish thinkers; he then turns to search for “the most plausible rendering of this set of prin-ciples...” (Lebens, 274). After so doing, he specifies those doctrinal compo-nents among them, which he deems necessary “for making sense of commit-ment to Judaism” (Lebens, 275), identifying a “commitment to Judaism” with being “faithful to the tenets of Judaism” in the sense of having faith in them:To the extent that these principles are necessary for making sense of commitment to Judaism, I argue that you cannot be considered faithful to the tenets of Judaism without holding an attitude of faith toward some element of each of the three principles... (Lebens 275).The distance between Lebens’ philosophical and religious outlook and pre-suppositions, as they show themselves in his Principles of Judaism, and my own is great. I shall start with a critique of Lebens’ reduction of Judaism to so-called Orthodox Judaism, and argue that Lebens has no justification for characterizing the principles that he identifies, as the “principles of Judaism” without qualification. I shall then turn to argue that there are grounds for questioning whether the principles that Lebens identifies can be understood as the principles that so-called “Orthodox Jews”, too, have faith in. It is, how-ever, clear that the utterances that Lebens discusses do play a central role within the life of committed Jews. I shall end by proposing that we adopt the later Wittgenstein’s philosophical method for making perspicuous their meaning and their different roles. (shrink)

It sometimes seems to me that I have a certain gift of foresight as to whether the promise promised by our President will come true or not. For example, if the President says that he will move to a new apartment, I believe his words. If he says that he will take the skyscraper to the base in the Mariinsky Park to the base, I already know ahead of time: no, it will not. On the contrary, after some hype, this (...) house will still be completed and settled, and among the new residents there will be many employees of the Presidential Secretariat. If the guarantor says that no more corrupt officials will be able to hide from law enforcement agencies, I question these words. But the fact that in schools, at the request of the President from the new school year, will introduce an item called "Ethics of Faith", I believe unconditionally. (shrink)

Beginning with Kant, modernity has developed the secular dogma that human autonomy is incompatible with obedience to religious law. Can philosophy critique a faulty understanding of both autonomy and obedience? Can theology work out a healthy interaction between the two? In other words, can Christian faith integrate both a redefined autonomy and a redefined obedience?

Abstract: By the second half of the eleventh century, in the Christian West, the theological doctrine of St. Anslem sought to re‐establish the place of reason within the domain of faith. Anselm arrived at a possible re‐enactment of this relation under the condition regulated by the principle fides quaerens intellectum – faith seeking reason. This paper is an attempt to explore not only the possible implications of this principle but to understand the internal logic which constitutes it and (...) holds it together. It is the contention of this paper that this regulative principle (fides quaerens intellectum) could complete such a process of logically constituting itself through a violent forcing of thought which gathered and maintained within itself an anomy. This internal paradox produced a logical excess which at one hand threatened constantly to expose a crisis, inhabiting the very centre of the theological system it sought to build, but on the other hand it also became the very ground on which such a system constituted itself. To that extent this paper would try to understand the metaphysical forcing of this moment of crisis back into the theological system it sought to express and normalize at the same time. (shrink)

Drawing on Sartre's account of violence, I argue that not only is bad faith inevitable in practice, but a limited bad faith is necessary for authenticity. Although violating the freedom of others is bad faith, it is impossible to never violate anyone's freedom. Moreover, and more fundamentally, the ontological structure of the foritself entails that the for-itself can only be authentic in the mode of not being authentic. Seeking to altogether avoid bad faith is bad (...) class='Hi'>faith, for it is an attempt to constitute oneself as essentially authentic, yet the for-itself has no preexisting essence. By recognizing one's complete responsibility for choosing bad faith, however, one limits one's bad faith. This limited bad faith is in fact necessary to authenticity, which is a project lived out in concrete situations and not a categorical moral law that forbids bad faith. (shrink)

Originalism as Faith presents a comprehensive history of the originalism debates. It shows how the doctrine is rarely used by the Supreme Court, but is employed by academics, pundits and judges to maintain the mistaken faith that the Court decides cases under the law instead of the Justices' personal values. Tracing the development of the doctrine from the founding to present day, Eric J. Segall shows how originalism is used by judges as a pretext for reaching politically desirable (...) results. The book also presents an accurate description and evaluation of the late Justice Scalia's jurisprudence and shows how he failed to practice the originalism method that he preached. This illuminating work will be of interest to lawyers, law students, undergraduates studying the Court, law professors and anyone else interested in an honest discussion and evaluation of originalism as a theory of constitutional interpretation, a political weapon, and an article of faith. (shrink)

The diagnosis of death by neurological criteria (colloquially known as ‘brain death’) is accepted in some form in law and medical practice throughout the world, and has been endorsed in principle by the Catholic Church. However, the rationale for this acceptance has been challenged by the accumulation of evidence of integrated vital activity in bodies diagnosed dead by neurological criteria. This paper sets out 10 different Catholic responses to the current crisis of confidence and assesses them in relation to a (...) Catholic understanding of philosophical anthropology. Having considered each of these responses, none is found to provide good grounds for the moral certainty about death needed for current transplant practice to be ethically acceptable. Unless adequate grounds for the use of neurological criteria can be restored, current transplantation practice will have become what Pope John Paul II called a ‘furtive, but no less serious and real, form of euthanasia’. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 25.2 (2001) 314-334 [Access article in PDF] The Epistemology of Cognitive Literary Studies F. Elizabeth Hart I Literary scholars have begun incorporating the insights of cognitive science into literary studies, bringing to bear on questions of literary experience the results of explorations within a wide range of fields that define today's cognitive science. The investigation of the human mind and its reasoning processes encompasses a rich (...) variety of empirical and speculative disciplines, including cognitive psychology, neuroscience, linguistics, evolutionary psychology, developmental psychology, computer science, philosophy, and anthropology. These disciplines are all related to one another by the questions they ask about the brain and mind and the ground they cover in staking out their research agendas; but each also contributes uniquely in terms of individual scope and focus. Literary critics, eavesdropping on this maturing coalition, are now producing critical works that apply cognitive research to a similarly impressive range of literary concerns, with results so far that seem to span the gap between traditional and more contemporary literary critical approaches.All such criticism is dependent on scientific studies of the brain and mind and so accepts axiomatically some degree of epistemological efficacy in scientific empiricism. But this acceptance has not been naive or uncritical and has, in fact, been at times carefully qualified by critics' sensitivity to debate--to the lack of consensus among cognitive scientists, and to the fact that cognitive science is itself in its infancy stage, with its own practitioners often openly tentative about their results and descriptive capabilities. As it happens, such debate, in recent years, has even proven beneficial for literary scholarship since an important [End Page 314] paradigm shift has taken place that now makes some aspects of cognitive science more compatible than ever with the interests of literary studies. This is because, whereas an earlier phase of cognitive science focused its energies on Artificial Intelligence and on theories of language and psychology that supported AI, grounding its theories implicitly in a metaphor of the mind as a computer, today's cognitive scientists tend to concentrate instead on the more organic metaphor of the "embodiment" of mind, that is, of the mind's substantive indebtedness to its bodily, social, and cultural contexts, and on the figurative phenomena of metaphor, metonymy, image schemata, "fields," "frames," other "integrative mental spaces" (as they are called), and the gradient structures and prototypical bases of semantic categories, all of which contribute to recasting human reason into a set of highly imaginative--not logical but figural--processes. 1 For literary theory and criticism, this shift in cognitive science toward "the body in the mind" 2 --tantamount to a wholesale rejection of philosophical rationalism--has given rise to a new kind of interdisciplinary practice, to the potential for a sincere engagement between diverse sciences and even between literature and science that stretches all the bounds of what literary scholars generally mean when they speak of being interdisciplinary (e.g., exchanges with history, art history, anthropology, film studies, sociology).In the discussion that follows, I would like to explore this new interdisciplinarity in literary studies by examining its epistemological implications. I begin with a description of the kinds of criticism now being produced under the rubric of cognitive literary criticism or--to reflect the field's scope more accurately--cognitive and cognitive-evolutionary criticism. This description is not intended as a comprehensive or evaluative survey, since in-depth review articles of extant works are available elsewhere. 3 Rather, I hope to familiarize my readers with the basic orientations of this theory and criticism so that they can grasp the epistemological relations that will become the essay's focus. To lay a further groundwork for this focus, I will review various uses of the term "cognitive" (or "cognitivism") in the scholarship and offer an analysis of its meanings, first in cognitive science and then in literary theory. Building, then, on what "cognitive" might signify for literary studies, I show how a literary approach based on today's cognitive science is uniquely situated among other approaches because of its underlying theory of human... (shrink)

Clinical Ethics, Ahead of Print. The migration of health-care professionals has often produced morally charged discussions among ethicists, politicians, and policy makers in the migrant-sending and migrant-receiving countries because of its devastating effects on the health of those left behind in the countries of origin.This movement of skilled professionals – their decision to leaving their countries of origin in search of better work environments – has created a phenomenon that has been described as brain drain. Although the migration of health (...) workers continue to bring prosperity to millions of people around the world, they have also evoked hopelessness in many more people. Thus, questions of global justice manifest themselves when it comes to the matters of brain drain and the just distribution of health and healthcare professionals. (shrink)

This paper points out that to persons unfamiliar with the context and suffering of dying patients, their loved ones, and last, but by no means least, the health care team can only discuss the very concrete question of euthanasia in an abstract way unaware of the fact that this question must, in the final analysis, be differently addressed in different specific patients and under specific circumstances. This paper poses questions which must be addressed and will rarely find a good answer (...) but at least the best among a series of unpalatable options. It again points out the important and legitimate place that emotions play in decision-making. (shrink)

This paper discusses the role that the personal history plays in a patient’s perception of his or her own illness in the light of the patient’s own personal history. It demonstrates the regrettable modern tendency to regards the patient as the “bearer of a disease” rather than as a human being with personal values and experiences into which their current illness needs to be integrated. I illustrate my point by an exchange between a student and an “attending” and the “attending” (...) and the patient. It represents only one out of unfortunately many such instances in which the pressures of “managed care” and “efficiency” have made truly knowing the patient as an individual with life experiences and personal values much more difficult. (shrink)

Human genomics research with indigenous peoples has often been characterised by tension between the ‘western’ science ideologies and indigenous peoples’ cultural beliefs in relation to their human genetic resources and data. This article explores this tension from the lens of the concept of indigenous peoples’ human genomic sovereignty and tests the applicability of the concept in Africa. The article achieves this by first highlighting the tension between ‘western’ science and indigenous peoples through three case studies from Canada, the USA, and (...) South Africa. It then analyses indigenous peoples’ human genomic sovereignty in the USA and Canada and compares it with the notion of indigenous peoples’ sovereignty in Africa. The article concludes by highlighting lessons that indigenous groups in Africa can draw from the USA and Canada in their quest for human genomic sovereignty. (shrink)

Cohabiting has been associated with a number of problems including sexually transmitted diseases and HIV and AIDS, abortions, sexual abuse and violence, low academic performance, increased cost of medical care and unwanted pregnancies. However, there is little documented information on the extent and the factors influencing cohabitation among the youth and especially among tertiary education students. This study therefore sought to fill this gap by investigating factors that lead to the prevalence and practice of cohabitation by tertiary education students. The (...) research adopted the interpretivist philosophy. The qualitative research methodology was employed in order to understand in greater detail the behaviors, attitudes, opinions, and beliefs of the respondents on cohabitation among tertiary education students. The study used the survey research design. Primary research was conducted using questionnaire surveys that were administered to tertiary education students who participated at the Tertiary Education Sports Association of Zimbabwe in July 2016. There were 100 questionnaires distributed and 78 questionnaires were returned making 78% response rate. The respondents were randomly sampled to participate in the study. The study reflects that cohabitation among the Tertiary education students is quite common. The study noted that it is mostly caused by lack of accommodation, problems with roommates, lack of privacy and the need to be close and intimate with one's lover. In results cohabitation exposes students to premarital sex and other consequences such as unwanted pregnancies, abortion, complications and sexually transmitted infections. The study recommends that tertiary education students should be enlightened during orientations about the dangers of cohabitation. Parents should be encouraged to visit their children and find where and whom they live with while in school. (shrink)

George Faithful tells the story of a group of young Lutheran women who formed the Ecumenical Sisterhood of Mary in 1947 in order to advocate collective national guilt for the sins of the German people (Volk) against God and against the Jews.

The secrets from the inner meaning of Torah form the soul of the Chasidic movement's thought. They inspire, revive, and inflame Jewish souls with a passion to constantly increase observance and devotion. For more than two centuries it has inoculated millions against the ravages of secularism and preserved the spiritual life of the Jewish nation. Chasidus emerged as a protection from the storm winds of modernity. Today's Jewish community might benefit from a new look at the Chasidic movement's beginnings and (...) reflections. Even those Jews who fulfill their religious obligations frequently perform rituals in a lifeless and superficial way. Were we to discover the depth and soulful vitality that fill Chasidic literature, a renewed passion might flame our faltering Jewish experience with the warmth of Torah. Unfortunately, for many of my contemporary American Jews, access to the gem-stones of the Chasidim has been denied. Chasidic works are overwhelmingly in Hebrew, and few good translations exist. This book provides an introduction to the basic terms and ideas of Chasidic texts. It is written for the interested lay reader who may be new to Torah study, as well as the yeshiva student who is knowledgeable about Biblical narratives and Talmudic law but may be new to the world of Chasidus. (shrink)

The church in legal history: The idea of universality. The idea of authority. The idea of good faith. The idea of law. By R. Pound.--The function of law in society today: The future of the common law, by D. J. Lyne. Law and civil liberty, by G. Clark. Natural law and positive law, by H. D. Castro. Law and ethics, by J. J. Burns.

Hastings Center Report, Volume 52, Issue S1, Page S83-S88, March‐April 2022.

Religion is an organized collection of beliefs, cultural systems and world view that relate humanity to spirituality and sometimes also with moral values. It may be said that it is a belief in and reverence for a supernatural power or powers regarded as creator and governor of the universe. Many religions have narratives, symbols and sacred history and traditions that are intended to give a meaning of life or to explain the origin of the life and the universe. They tend (...) to drive morality, ethics, faith and religious laws and or preferred a lifestyle from their ideas about the cosmos and human nature. But in the present world religious faiths are treated like a brand. The process of branding involved in creating a unique name and image for a product in the consumers' mind, mainly through advertising campaigns with a consistent theme. Branding aims to establish a significant and differentiated presence in the market that attracts and retains loyal customers. In a society overrun by commercial clutter, religion has become yet another product sold in the consumer marketplace, and faiths of all kinds must compete with a myriad of more entertaining and more convenient leisure activities. (shrink)

It is necessary to evaluate the next “thoughtless” instruction of the President to the Ministry of Education: to work for 1-2 months and introduce the lesson “Ethics of Faith” in schools from September 1. It requires an immediate reaction of the deputies of the Verkhovna Rada, structures related to the education and upbringing of children, and the general public: in a veiled form, the Basic Law is grossly violated - the Constitution of the country, in particular, the second section (...) of Art. 32, where it is written in black and white: "... The church is separated from the state, and the school is separated from the church...". If the guarantor of the Constitution has forgotten about this, he needs to be reminded, and he must cancel his order. Otherwise, people, parents, and, most importantly, children, our younger generation, will be agitated. (shrink)

Background Noninvasive prenatal testing (NIPT) designed to screen for fetal genetic conditions, is increasingly being implemented as a part of routine prenatal care screening in the United States (US). However, these advances in reproductive genetic technology necessitate empirical research on the ethical and social implications of NIPT among populations underrepresented in genetic research, particularly Black women with sickle cell disease (SCD).Methods Forty (N = 40) semi-structured interviews were conducted virtually with Black women in the US (19 participants with SCD; 21 (...) participants without SCD) from June 2021 to January 2022. We employed a qualitative approach to examine the study participants’ perceptions of the potential advancement of NIPT for screening SCD in the fetus. Data were analyzed using NVivo 12 qualitative software.Results The themes revealed the complexities involving the intersectional lived experiences of SCD, prenatal care, lack of synergy among health providers, and NIPT decision-making. The results further revealed that even when Black women have shared commonalities in their lived experiences while navigating SCD and motherhood, their perceptions of NIPT screening technologies are divergent.Conclusion Expanding the ethical discourse on the social implications of NIPT is critical to fully elucidate how Black women perceive NIPT’s utility, particularly as NIPT advances to screen for SCD in the fetus. Neglecting to include Black women with genetic conditions in empirical studies on NIPT may contribute to ongoing health inequities and limit and constrain reproductive choices among Black women with and without SCD. (shrink)

Background Although clinical ethicists are becoming more prevalent in healthcare settings, their required training and education have not been clearly delineated. Most agree that training and education are important, but their nature and delivery remain topics of debate. One option is through completion of a clinical ethics fellowship. Method In this paper, the first four fellows to complete a newly developed fellowship program discuss their experiences. They describe the goals, structure, participants and activities of the fellowship. They identify key elements (...) for succeeding as a clinical ethicist and sustaining a clinical ethics program. They critically reflect upon the challenges faced in the program. Results The one-year fellowship provided real-time clinical opportunities that helped them to develop the necessary knowledge and skills, gain insight into the role and scope of practice of clinical ethicists and hone valuable character traits. Conclusion The fellowship enabled each of the fellows to assume confidently and competently a position as a clinical ethicist upon completion. (shrink)